Robertson v. Breedlove

Citations

• 61 Tex. 316
• 1884 Tex. LEXIS 98

Syllabus

<p>1. County bonds — Commissioners’ court — Jurisdiction. — Prior to the act of the legislature of 1884, in view of the uniform policy of the state, which, at the time of the adoption of the constitution of 1876, was clearly against, the existence and exercise of an implied power in a county, through its commissioners’ court, to issue negotiable county bonds bearing interest for the purpose of raising money to build a court-house and to levy a special tax to pay accruing interest and pi-ovide a sinking fund for their redemption, such a power could not be exercised. When such a power was sought to be exercised, by issuing bonds redeemable only at fixed periods, in the absence of a legislative act authorizing it, held, that, without deciding what would he the rights of holders if such bonds were in the hands of one who had paid value, an injunction was the proper remedy to prevent their issuance. Distinguished from Loonie v. The City of Galveston, 54 Tex., 517.</p> <p>2. Same. — The act of February 11, 1881, applied only to counties that had no-court-houses, and not to those having a court-house which was insufficient or unsafe, and that act has no application to this case.</p> <p>3. Same — Jurisdiction.— Whether a court-house is in its construction sufficient for the purposes designated in its erection is a question regarding which the decision of the county commissioners’ court is final.</p> <p>4. County commissioners’ court — Jurisdiction — Statutes construed.— , Neither under sec. 9 of art. 8 of the state constitution, arts. 1515 or 1514 of the Revised Statutes, nor under seo. 1, oh. 31 of the act of 1879, was the power conferred on counties to issue bonds, redeemable at fixed periods, to borrow money for the erection of court-houses.</p> <p>5. Implied powers.— It was the uniform custom in Texas, before the adoption of the present constitution, to confer on counties, by special legislative grant, tlie right to issue bonds, and since that time, in obedience to a co